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8.270 Relief from Judgements or Orders
(a) Clerical Mistakes. Clerical mistakes in judgments,
orders, or other parts of the record and errors
therein arising from oversight or omission may be corrected
by the court at any time on its own initiative or
on motion of any party, after such notice, if any, as the
court orders. During the pendency of an appeal such
mistakes may be so corrected
before the record on appeal
is docketed in the appellate court and thereafter
while the appeal is pending may be so corrected with
leave of the appellate court.
(b) Extraordinary Relief. On motion and upon
such terms as are just, the court may relieve a party
or the party’s legal representative from an order, judgment,
or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise, or excusable
neglect.
(2) Newly discovered evidence which by due diligence
could not have been discovered in time to move
for rehearing.
(3) Fraud (intrinsic or extrinsic), misrepresentation,
or other misconduct of any other party.
(4) That the order or judgment or any part thereof
is void.
The motion shall be made within a reasonable time,
and for reasons (1), (2), and (3) not more than 1 year
after the judgment, order, or proceeding was taken.
(c) Limitation. After the court loses jurisdiction of
the cause, as provided by law, a motion for relief of judgment
or order under subdivision (b) shall not be heard.
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